Fumbling Away the Season: Will the Expiration of the NFL-NFLPA CBA Result in the Loss of the 2011 Season?

Levine, Jeffrey; Maravent, Bram A.

doi:10.2139/ssrn.1706290

Cited by 2 publications

(1 citation statement)

References 15 publications

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“…League commissioners are empowered to impose a wide range of player discipline and, historically speaking, this power is well settled (Kim & Parlow, 2009). This entrenched power of the commissioner has led to multiple episodes between the National Football League (the NFL or NFLMC) and the National Football League Players Association (the NFLPA), over time forging an adversarial and contentious relationship between the two sides that continues today (Levine & Maravent, 2010). The current NFL Commissioner is Roger Goodell (Commissioner Goodell, Goodell, or the Commissioner).…”

Section: Introductionmentioning

confidence: 99%

Peterson, Brady, and Elliot: Analyzing “the Trilogy” in Light of the NFL Commissioner’s Discipline Authority

Levine¹,

Gunn²,

Moorman³

2019

JLAS

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This research paper analyzes how the cases of NFL players Adrian Peterson, Tom Brady, and Ezekiel Elliot have affected the role of the commissioner of the National Football League (NFL) and the commissioner’s disciplinary authority in the NFL. Although the commissioner is considered a powerful figure, and historically courts have deferred to the commissioner concerning matters of league discipline, this deference is not limitless. The Peterson, Brady, and Elliot cases each helped shape how the role of the commissioner and the commissioner’s disciplinary authority in the NFL is being amplified in light of the language used in the current collective bargaining agreement (CBA) negotiated by the the NFL and the NFL Players Association (NFLPA) in 2011, legal precedent that limits a court’s ability to review an arbitrator’s decision, the law of the shop, and the CBA’s missing due process protections traditionally found in the court room. The findings and implications learned from "the Trilogy" show that players were unable to secure by lawsuit what they failed to achieve through collective bargaining. Although "the Trilogy" illustrates the commissioner’s vast authority, the next round of collective bargaining negotiations are an opportunity for the both the League and the NFLPA to cooperatively revise the player discipline process to curb a consistent stream of high-profile and public challenges of commissioner discipline, possibly encouraging the sides to move away from an adversarial relationship toward a more of a partnership.

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Section: Introductionmentioning

confidence: 99%